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112204 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 22, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate City Attorney Mayeron for Attorney Keane; Engineer Brown; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson introduced Associate City Attorney Mayeron taking the place of Attorney Keane for the evening, and requested Item 3E be removed from the Agenda this evening, as the issue had been resolved. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. Mayor Love welcomed Mayor-Elect Bob Newman from Greenwood, seated in the audience, to the meeting. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 8, 2004 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of November 8, 2004, as presented. Motion passed 5/0. 3. CONSENT AGENDA Zerby moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. City Clerk's License Approvals - No action required D. Approval of a Permit to Move a Garage Applicant: Phobe Harrington Location: 5830 Minnetonka Dr. to 23870 Elder Turn , . . . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 2 of7 E. Appeal "Notice to Remove" (This item was removed from the Consent Agenda.) Appellant: Roger Nitz Location: 25015 Smithtown Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS None. 8. PLANNING Commissioner White reported on matters considered and actions taken at the November 16, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Lot Size Variances and Minor Subdivisions Applicant: Matthew Phillippi Locations: 21155 Minnetonka Blvd. and 4900 Ferncroft Dr. Director Nielsen explained the history of the case, noting the applicant had acquired three parcels of property, located at 4880 and 4890 Femcroft Drive and 21155 Minnetonka Boulevard, and proposed subdividing the three parcels into five lots. The proposal involved two minor subdivisions with lot area variances on three of the lots. Additionally, the applicant requested that five feet of right-of-way for Femcroft Drive be vacated. Director Nielsen also explained the recent actions of the Planning Commission, and noted the applicant had asked to have the matter continued pending work related to variance issues slated by the Planning Commission for 2005 Work Program. The applicant had submitted a letter requesting the issue be continued and had waived his right to the "60-Day rule." Director Nielsen recommended this case be continued, at the request of the applicant, for 120 days. Zerby moved, Turgeon seconded, Continuing the Lot Size Variances and Minor Subdivisions for Matthew Phillippi, 2115 Minnetonka Boulevard and 4900 Ferncroft Drive, until the first Regular City Council Meeting in March, 2005. Motion passed 5/0. B. Minor Subdivision and Combination Applicant: Mark Finch Locations: 20250 Excelsior Blvd. and Easterly Adjacent Parcel . . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 3 of7 Director Nielsen stated the applicants, Mark Finch and Tim Klouda, owned the properties at 20090 and 20250 Excelsior Boulevard, respectively. They proposed rearranging the common lot line between their properties to simplify an irregular lot line. The subject properties were located in the R-1A, Single- Family Residential zoning district. Mr. Klouda proposed conveying the easterly 100 feet of Tract D RLS 1083 to Mr. Finch, who would then combine it with his property to the east. The amount of land to be conveyed was approximately 2150 square feet. He also noted Mr. Finch's property was actually two parcels. As part of this application, Mr. Finch would legally combine his lots with the small triangle now owned by Mr. Klouda. With regard to analysis of the case, Director Nielsen noted its simplicity since the proposed lot line rearrangement would effectively remove a gerrymandered lot line between the two properties. He also noted, per staffs recommendation, the applicants had agreed to provide the City with drainage and utility easements, 10 feet wide on each side of the new lot line. The applicants should also provide a deed for this easement, to be included as an attachment to the resolution approving the division/combination. He went on to explain Mr. Finch had requested the resolution not have to be recorded until such time as the Klouda property (currently for sale) was sold. As long as the applicants provide an up-to-date title opinion or title commitment for review by the City Attorney prior to the sale, it was recommended that the City allow as much as six months for the transaction to be recorded. Director Nielsen noted Mr. Finch was present this evening. Mr. Finch stated he had nothing further to add, however, he would be happy to answer any questions Council may have had of him. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-097, "A Resolution Approving Subdivision and Combination of Real Property for Mark Finch and Timothy Klouda." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Approval of Recodification Administrator Dawson explained the City Council entered into a contract with the League of Minnesota Cities and American Legal Publishing in 2002 to conduct a legal review and recodification of the City Code book. He noted this process had last taken place in 1987. He went on to explain all changes had been summarized for review and noted this codification process yielded fewer ordinances than in the past. He also stated a link to the City's website would provide access to the newly codified version of the Code book as a result of the review process. Mayor Love thanked the Staff and consultants for their countless hours in providing this recodified version of the Code book. Zerby moved, Lizee seconded, Adopting ORDINANCE NO. 409, "An Ordinance Enacting a Code of Ordinances for the City of Shorewood, Minnesota, Amending, Restating, Revising, Updating, Codifying and Compiling Certain Ordinances of the City Dealing with the Subjects Embraced in the Code of Ordinances, and Providing Penalties for the Violation of the Code of Ordinances." Motion passed 5/0. Councilmembers Lizee and Zerby expressed appreciation to City Staff for a job well done. Administrator Dawson stated he especially wished to thank Deputy Clerk Panchyshyn for her efforts in this project, noting she spent countless hours reviewing and editing the proposed Code Book changes. CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 4 of7 . B. City's 2005 Budget for SLMPD Funding Administrator Dawson explained the history of the City's recommendation for funding the 2005 South Lake Minnetonka Police Department (SLMPD) budget discussed earlier in the year. He went on to explain other cities had taken action on budget issues that may affect Shorewood's currently planned contribution to the budget. Under the Coordinating Committee's proposed budget, Shorewood's 2005 contribution would be approximately $690,000. Assuming the City of Excelsior would not support the 4.1 percent budget increase over 2004 budget recommendations. The City's contribution is 2005 would need to be approximately $700,000 to continue 2004's Level II services. He went on to explain, to fully implement the 4.1 percent increase, the program preferred by the Coordinating Committee, Shorewood's 2005 contribution would need to be approximately $718,000. In terms of the resources available to the Department, this additional funding would provide partial restoration of a part-time administrative support position and restore some funding to the vehicle replacement schedule, and also would include continuation of membership in the Southwest Drug Task Force. Administrator Dawson then noted it would be helpful for Shorewood's representative to the SLMPD Coordinating Committee to have an understanding of what could be expected as Shorewood's contribution for 2005 SLMPD services. Several questions of clarification ensued from Council. Councilmember Garfunkel stated it seemed as though two levels of service were potentially being offered until all contributions were approved from each City, and he also questioned how these levels of service would be differentiated for each community. Administrator Dawson explained those options had not yet been determined. . Mayor Love stated, while he did not wish to speak for the Council in this discussion, he believed Chief Litsey and the SLMPD were in crucial need of administrative staff. He stated it also felt as though cities had been asked to supply the shortfall of Excelsior in order to provide basic service levels. He stated a goal for the next year should be to resolve the confusing funding process and work together to move the Department forward. Councilmember Turgeon stated she believed it important to withhold additional monies at this time, as she believed a line needed to be drawn in terms of continuing to compensate for other cities' problems in providing appropriate amounts of funding for police services. She stated the current situation would never be resolved if the other three cities continued to fully fund the budget. She then noted that Shorewood had several funding issues of its own to contend with this year, due to the distribution of Municipal State Aid dollars through 2010, and a million dollars to be issued for water improvements. She also state she knew the additional funding was greatly needed, however, she believed it important to retain the original funding amount for Shorewood as discussed for the 2005 SLMPD budget. Councilmember Garfunkel agreed, noting the City of Shorewood could not continue to be a benefactor for other cities to provide necessary SLMPD service levels. Also, he noted, the original contribution level proposed by the City of Shorewood in the amount of approximately $690,000, was a larger contribution than last year. He stated, while he knew it was important to the Department and ultimately to all South Lake residents, he thought it important to continue to work through the process united with all other cities in order to move forward. Councilmember Lizee also agreed, stating it should not be the responsibility of the other member cities in the area continually to meet the needs of the SLMPD without each city maintaining its rightful amount of contribution. . . . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 5 of7 Mayor Love stated Shorewood's contribution previously equated to approximately 46% of the contributions from member cities, and this year would be closer to 50% for one-fourth vote on the services provided. Councilmember Zerby stated he thought it important for all parties to realize that member cities were continuing to receive phenomenal services for very affordable and cost effective funding overall. He also noted the service levels proposed to the SLMPD member cities as additional services were often considered part of basic services for other municipalities in the state. He also stated he thought the additional $26,000 was minimal when compared with the type of services to be received. In summary, Mayor Love stated, he heard Council state a need for services; however, it was important to remain steadfast in working with the other member cities to work through the process with the City of Excelsior as well. He thanked Council for its input in this matter and stated he would carry these issues forward to the next Coordinating Committee meeting. 10. ENGINEERING/PUBLIC WORKS A. Setting Date for Public Information Meeting for Radisson Road Zerby moved, Turgeon seconded, Setting Date for Public Information Meeting for Radisson Road as December 2, 2004, at 6:30 P.M. at Shorewood City Hall. In response to Councilmember Turgeon's question, Engineer Brown stated there would be forms available for residents' comments if they were unable to attend this information meeting. Motion passed 5/0. B. Declaring Adequacy of Petition and Setting Public Hearing Date for the Timber Lane Water-Petitioned Watermain Project Engineer Brown explained the City had previously prepared a feasibility study for the extension of city water along Timber Lane, from the intersection of County Road 19 and Timber Lane, to the end of the cul-de-sac. This action was based upon a petition from a sufficient portion of residents who own property adjacent to Timber Lane. He went on to review the history of the process associated with providing City water for local residents according to statutory requirements and City Ordinances. He stated the petitions received were adequate to move forward with the preparation of plans, specifications, and engineers estimate. Once plans would be prepared, a public hearing would be scheduled for the improvement. Councilmember Zerby questioned whether the City of Tonka Bay could serve those residents with municipal water more cheaply than obtaining the water from Shorewood and incurring the cost of construction of a watermain. Engineer Brown also explained the residents would be trading the difference of the distance from one watermain construction to another which amounted to approximately 100 feet, and thus, he was not certain of the cost savings. He would investigate this option and report back to Council at the Public Hearing on this matter. He then reviewed the next steps in the process to be followed and recommended approval Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 04-098. "A Resolution Declaring the Adequacy of a Petition for Extension of Municipal Water Service on Timber Lane." . . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 6 of7 Engineer Brown stated Staff would report on this matter at a later time with regard to setting the date for a Public Hearing. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. Construction Update Engineer Brown stated there were several updates on construction projects throughout the City to be reviewed this evening. He went on to explain the Barrington Project included directional boring of a watermain along Highway 7, and he wanted to alert residents and Council since a great deal of earth material was being moved. He also stated he had advised the contractor not to install permanent curb and gutter for the project as there would be a great deal of settlement in the area with the winter freeze/thaw cycle ahead. This action would hinder occupancy permits for the project as a paved surface was required to move forward. To that end, the developer had chosen to install a temporary twenty-foot-wide roadway that would be recycled next spring and would be replaced with asphalt. In response to Counci1member Zerby's question, Engineer Brown stated municipal water service was being extended to the Skate Park along Highway 7. Engineer Brown went on to explain the County Road 19 Wetland Restoration project had generated a number of comments from residents concerned with stormwater pond / Gideon Glen the grading currently taking place on the property installation of the stormwater pond in that project. He stated the construction of the pond looked dramatically out of scale for the time being, however, the woods to be preserved were outside of the current construction limits for the pond. He stated he wanted to reassure residents this project would become something the City would be very proud of despite the dramatic changes to the landscape currently. Also, he wanted to reassure residents the project had not lost sight of the changes to the surrounding eco-system and would eventually provide significant benefits for all residents within the area. Mayor Love stated it was imperative to work with the neighbors on this project and he appreciated the residents' concern for the changes to the landscape. He also stated he had been involved with several projects similar to this one, and noted it was always shocking to see the change at the beginning of the proj ect. Counci1member Zerby stated he, too, was concerned for the change, and questioned the actions taken thus far in minimizing visual impacts to the neighbors of the site. He also questioned whether the pond was the appropriate size for the project as he had been surprised of the enormous scale of the grading necessary for the construction of the pond. He stated he had been quite surprised on other projects, and he was concerned that the City and County make sure the actions taken were appropriate and correct for the outcome. Mayor Love explained the size of the pond was based on "safety shelf' features to ensure safety for people visiting the pond area, and he also stated that area would have transitional p1antings from the pond area to the wetland. Engineer Brown agreed, noting the grading around the pond area was provided to meet the necessary grading and slope requirements for the p1antings. He stated while it did not always appear so, the pond was actually considered minimal in size for the project. . . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 7 of7 Councilmember Zerby questioned where the excavated soil would be stored. Engineer Brown explained the soil would be stockpiled on site and would become topsoil for the project site during the restoration phase. Councilmember Zerby stated it would be beneficial to include an update on this project in the next City newsletter. In response to Councilmember Turgeon's question, Engineer Brown stated specific reforestation efforts designed to further buffer the neighboring properties could be added as a change order to the project, and would most likely be funded through the Local Roadway fund. Mayor Love stated he thought it would be helpful to hold a discussion on the short-and long-term effects of the project at the next City Council meeting. He also stated he realized the concern of the residents for this project and offered to meet personally with residents concerned. B. Mayor & City Council Engineer Brown also noted the drainage swale and trail in the Shorewood Oaks subdivision had been placed since the last Regular City Council meeting. Administrator Dawson stated there would be a meeting of the SLMPD Coordinating Committee on November 30,2004, at 4:00 P.M. Mayor Love recessed the Regular City Council meeting to a meeting of the Shorewood Economic Development Authority at 8:00 P.M Council would then reconvene in an Executive Session held for the purpose of conducting a performance review of the City Administrator. 12. EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW Mayor Love called the meeting to order at 8:14 P.M. All Councilmembers and Administrator Dawson were present. Council discussed the City Administrator's performance review. Turgeon moved, Garfunkel seconded, Adjourning the Executive Session Meeting to the Regular City Council Meeting of November 22, 2004, at 8:37 P.M. Motion passed 5/0. 13. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of November 22, 2004, at 8:38 P.M. Motion passed 5/0. / RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary"--- / J 4/4; _(C.-,/ [JU Woody Love, Mayor